Legal bar of filing fresh transfer petition under crpc?
Raj
(Querist) 08 October 2017
This query is : Open
I have filed the transfer of criminal case arising from an acquittal, from one session division to another session division before the High court u/s 407 crpc, as Judge made certain remarks against which gives me apprehension that he will be going to convict by overturning the order of the lower court. The High court has dismissed the Petition
We have still the apprehension, as certain new developments taken place, that session judge will overturn the order,
can we subsequently file the transfer petition under section 408 crpc, from transferring the case from his court to another court within same session division?
Whether dismissing of a petition under 407 crpc is a bar of filing the fresh petition under section 408 crpc?
Vijay Raj Mahajan
(Expert) 09 October 2017
In case new development took place and based on new facts an application under section 408 Cr.P.C can be filed before the Session Judge for transferring the case from the present dealing ASJ to another ASJ.
You should on first instance moved Session Court under section 408 rather the High Court u/s 407 Cr.P.C that would have given wider scoop for you to get relief from High Court if the Session Court would have dismissed the application there.
Rajendra K Goyal
(Expert) 09 October 2017
Proceed as advised by the expert Vijay Raj Mahajan.
Raj
(Querist) 09 October 2017
sure sir, but we have first have sought transfer of the case to different session division, in that case, I think, section 408 crpc cannot be invoked, as it is meant for same session division?
